Issue: Intimidation, right to life with dignity, threat to human rights defender

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Dear Friend,

Peoples' Vigilance Committee on Human Rights (PVCHR) Secretary General / Executive Director Dr. Lenin Raghuvanshi received a threatening call from by mobile phone. He is pursuing the case of Sohrab killing in Gorakhpur district of Uttar Pradesh, India. The caller was also saying he is resident from the same district. He abused and given threat to life to Dr. Lenin.

Case detail:

On 29th November, 2011 around 5:27 pm Dr. Lenin Raghuvanshi[i], Secretary General / Executive Director of Peoples' Vigilance Committee on Human Rights (PVCHR) received threatening call from mobile number +94757251733 on his mobile No. +91-9935599333. The caller was abusing by using filthy words after using the words Human Rights. He also threat to life saying "Youwill betowed" and "if you speak too much you will be shot out". During that time Dr. Lenin was busy in the meeting with its associates in his office and he became distracted.

At mean time around 5: 42 pm Dr. Lenin immediately released an urgent release in facebook. Around 6:22 pm Dr. Lenin rang on same number but he did not receive any response from that side. Then again he ranged this time he succeed to know the identity of the caller. The caller said, "My name is J.P Mishra, I am resident of Gorakhpur. You did not know about my power. I can do anything. Son, I have relation with many person you know Tulsi Singh. Now you understand what type of person I am. I lived in Mumbai I can do anything. If you are Governor or Chief Minister of the state, understand I have worth to do anything. Then he threat what is your worth monthly earning of only 10 thousand and 20 thousand". The caller was speaking in Bhojpuri mixed Hindi language.

It is noted that high level enquiry is going in the Soharab[ii] killing case in Gorakhpur. In this matter on the behalf of organization he made complain. In which the name of Sri Aditya Yogi Nath[iii] (Member of Parliament, Bhartiya Janta Party) also came. The caller was also telling he was resident of Gorakhpur. Through his dialogue it seems he was near to the Sri Aditya Yogi Nath ji, because he was assuming Dr. Lenin as any Government officer. He was telling he is making call from South Africa and sometime America.

More information:

PVCHR wrote letter to all relevant authorities toprovide security and financial assistance to the family of Sohrab under European Union project "Reducing Police Torture against Muslims at the Grass-roots Levelby Engaging and Strengthening Human Rights Institutions in India". On 12th August, 2011 DGP office[iv] and on 20th August, 2011 National Human Rights Commission[v] took cognizance (case no. 33098/24/34/2011) on complains. On 15th September, 2011 Governor of Uttar Pradesh in its letter no. p-2115/G.S directed to Special Secretary, Home department (http://www.scribd.com/doc/74289927/Letter-of-H-E-Governor-office-to-UP-Government )to take appropriate action in this matter. On 12 November, 2011 PVCHR receive the investigation report from Mukesh Shukla, DIG, Gorakhpur

Sample letter:

Dear………………………

Sub: Please take immediate action in death threat to Dr. Lenin Raghuvanshi

I want to bring in your kind attention towards the incidence happened with Dr. Lenin Raghuvanshi Secretary General / Executive Director of Peoples' Vigilance Committee on Human Rights (PVCHR) that on 29th November, 2011 around 5:27 pm he received threatening call from mobile number +94757251733 on his mobile No. +91-9935599333. The caller was abusing by using filthy words after using the words Human Rights. He also threat to life saying "Youwill betowed" and "if you speak too much you will be shot out". During that time Dr. Lenin was busy in the meeting with its associates in his office and he became distracted.

I am informed that at mean time around 5: 42 pm Dr. Lenin immediately released an urgent release in facebook. Around 6:22 pm Dr. Lenin rang on same number but he did not receive any response from that side. Then again he ranged this time he succeed to know the identity of the caller. The caller said, "My name is J.P Mishra, I am resident of Gorakhpur. You did not know about my power. I can do anything. Son, I have relation with many person you know Tulsi Singh. Now you understand what type of person I am. I lived in Mumbai I can do anything. If you are Governor or Chief Minister of the state, understand I have worth to do anything. Then he threat what is your worth monthly earning of only 10 thousand and 20 thousand". The caller was speaking in Bhojpuri mixed Hindi language.

Immediately letter through email was sent to Chairperson, National Human Rights Commission and Director General of Police and on 30th November, 2011 same letter was sent through post.

I am also informed that high level enquiry is going in the Soharab killing case in Gorakhpur. In this matter on the behalf of organization he made complain. In which the name of Sri Aditya Yogi Nath(Member of Parliament, Bhartiya Janta Party) also came. The caller was also telling he was resident of Gorakhpur. Through his dialogue it seems he was near to the Sri Aditya Yogi Nath ji, because he was assuming Dr. Lenin as any Government officer. He was telling he is making call from South Africa and sometime America.

Therefore it is a kind request to conduct a high level enquiry against the alleged perpetrator and provide security to the Dr. Lenin Raghuvanshi and the witness.

Lenin Raghuvanshi, a Varanasi-based Dalit rights activist, said the government had failed to evolve a policy implementation package that would benefit large sections of the population, particularly the underprivileged. “The single most important thrust of the Mayawati government has been on symbolism. This is reflected in the building of huge commemorative structures in the name of bygone Dalit leaders such as B.R. Ambedkar and Kanshi Ram, and even living leaders like Mayawati. This brings no benefit to the lives of the downtrodden, and there is no concern for this. Even the half-hearted Dalit empowerment [initiative] that has taken place under the government is confined to Mayawati's own Chamar community, leaving communities such as Musahar, considered to be the ‘Dalitest' of Dalits, in the same socio-economic situation they were several decades ago.” Raghuvanshi said the cartels and vested interests referred to in studies such as the one done by the ORF were reported to be business partners of the BSP leadership.

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About 40 labourers were reportedly 'missing' from the under construction plant of Diamond Cement Factory (Prop. HeidelbergCement India Limited) in Narsingarh village of Damoh after an accident occurred on Wednesday.

Three cranes of more 120 metres in height collapsed inside the premises on Wednesday afternoon.

Sources said that more than 40 persons including some women were missing after the incident and no information has been given regarding the 'missing persons' by the district administration and management of the cement factory. Sources said that nearly 300 labourers were working when the incident occurred.

Nine persons who were injured in the incident owing to head injuries were sent to Jabalpur. An FSL team of Sagar also reached the spot and took some samples.

Reports confirmed that two persons were seriously injured and were recuperating in a hospital in Jabalpur. A weight of the single crane was 450 tonne and the three cranes were carrying a pipe of 5 tonne when they collapsed.

Meanwhile, sources said that media was restricted to enter inside the premises after the incident for hours.

A Congress leader of the region, Rajesh Tiwari, while talking to The Pioneer said, "I am quite sure that about 40 labourers are missing. The Collector and Superintendent of Police are trying to hush up the case owing to the pressure of mining mafia who are related to the cement factory."

Raising fingers at the district administration, Tiwari further said that just after the incident, the Collector and SP went inside the premises and the media was restricted for hours.

"Why media was not allowed in the premises for first few hours. Just after the incident the remaining labourers were said to leave the premises," he added.

Tiwari confirmed that the labourers were mainly from Bihar and Uttar Pradesh.

Commenting over the charges of Tiwari, Collector Shivanand Dubey said that Tiwari was making it a political issue.

However, when asked about the missing people, the Collector said that no one has made any written complaint in this regard till now. "I have not been informed about the missing person till now and if any written complaint is made then I will order an enquiry in this whole issue," Dubey said.

Tiwari claimed that he had made a written complaint to higher authorities and even faxed a memorandum to the Governor Ram Naresh Yadav.

Sources also confirmed that illegal mining is also going on in the nearby river by some mining mafia.

Meanwhile, Tiwari further informed that he was receiving phone calls from some notorious people for not raising the issue of 'missing persons' further.

When The Pioneer tried to contact the management of the factory SK Pandey, the staff informed that the manager of the plant was busy in a meeting. This situation continued for hours in the evening.

Therefore it is kind request please take appropriate action at earliest and ensure the implementation of Factories Act, 1948, Interstate Migration Act. We demand for the compensation to the family of the deseased labour and medical treatment to the labour who are injured.

Guwahati, Nov. 21: The National Human Rights Commission (NHRC) has forwarded a complaint pertaining to the death of four farmers in police firing at Besimari in Darrang district, to the Assam Human Rights Commission (AHRC) for early disposal.

Four farmers lost their lives while around 20 others, including policemen, were injured when security forces opened fire on agitating jute cultivators on October 10.

An official source said the complaint which was filed at the NHRC by the convener of People's Vigilance Committee on Human Rights, Lenin Raghuvanshi, last month, had been recently transferred to the Assam Human Rights Commission for appropriate action.

"The grievances raised in the petition relate to matters which are subject to the State and hence the complaint was transferred to state human rights commission under Section 13 (6) of the Protection of Human Rights Act, 1993, as amended by the Protection of Human Rights (Amendment) Act, 2006 for disposal in accordance with the provisions of the act," the source said.

The people's vigilance committee is a Varanasi-based NGO, which is working for the protection of human rights of marginalised people.

Speaking to The Telegraph over phone from New Delhi, Raghuvanshi said they had sought an inquiry by an independent agency into the circumstances in which the police opened fire on the agitating farmers.

They also demanded that the victims of police action be compensated adequately as prima facie their rights have been violated.

In the petition, the NGO had accused the authorities of a "high-handed attitude" towards the farmers.

"According to NHRC guidelines, if death is caused by police firing, then there is a provision for filing an FIR against policemen," Raghuvanshi said.

Soon after the incident, the Krishak Mukti Sangram Samiti (KMSS), a peasants' body, had termed the killing of four farmers in police firing "cold-blooded murder".

RTI activist and KMSS general secretary Akhil Gogoi had stated that the police firing on unarmed farmers was a reflection of the anti-peasant stand of the Tarun Gogoi government.

According to the source, the Assam Human Rights Commission (AHRC) has registered the complaint and would seek a reply from Assam police.

"Since former Chief Justice of Jammu and Kashmir High Court, Aftab Hussain Saikia, who is appointed the AHRC chairman is yet to assume office, the notice has not been issued to the police yet. As soon as he assumes charge, the notice seeking reply from Assam police will be issued," the source said.

Based on our complaint to NHRC pertaining to the killing of Hari Lal, Human Rights Activist, Voice of the People (VOP) in broad daylight in Village Lahna, District Kaushambi, on August 15, 2010, The National Human Rights Commission carried out a thorough investigation vide Case No. 32880/24/44/2010/NH/M-5 dated 27.8.2010 and in its report dated 15.07.2011 observed that the filing of the second FIR which included Parvez Rizvi as an additional accused appeared to be suspect and that the allegation of Parvez Rizvi that he had been falsely implicated in the case deserved serious consideration.

Besides advising the DG Police, UP to initiate action against the Police Officials for not taking appropriate action on the complaints lodged by Hari Lal and others, the NHRC has also advised the Chief Secretary, Government of Uttar Pradesh to assign re-investigation of FIRs 316A/10 and 317/10 of PS Karari.

We are given to understand that despite the above recommendations of NHRC to Chief Secretary, Govt of Uttar Pradesh, summons have been issued to Mr. Parvez Rizvi for appearance in the District Court, Kaushambi on Dec 8. 2011.

Therefore it is kind request please immediately intervened to ascertain action taken by the Chief Secy, Govt of Uttar Pradesh, on its report.